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< | <p><head>Imposition of Expence No. 1</head></p><!-- written by John Herbert Koe, 1783 - 1860, secretary of Jeremy Bentham and London attorney--> | ||
<p>No wonder it should have been sticking in your<lb/> | |||
gizards: neither by name, or by description, had I ever<lb/> | |||
found any thing about it in any law book. Crying<lb/> | |||
all the while has not the less been the demand for it,<lb/> | |||
frequent the known commission of it, infinite y<hi rend="superscript"></hi>r number<lb/> | |||
of the opportunities of committing it, infinite the<lb/> | |||
mischief capable of being done by it. By physical<lb/> | |||
means mischief is but too capable of being produced<lb/> | |||
without profit to the author: not less so, otherwise<lb/> | |||
than by physical means, like any other injury,<lb/> | |||
this is susceptible of the distinctions expressed<lb/> | |||
in Roman Law by <foreign><hi rend="underline">Dolus</hi></foreign> and <foreign><hi rend="underline">Culpa</hi></foreign><lb/> | |||
expressions for them I do not at this moment recollect:<lb/> | |||
in case of <foreign><hi rend="underline">Dolus</hi></foreign>, ill will is the most ordinary<lb/> | |||
motive as in the case of what in Blackstone's <lb/> | |||
language is called malicious mischief,<lb/> | |||
by which he means production of mischief <add>to property</add> by<lb/> | |||
means purely physical: destruction and endamagement<lb/> | |||
are I believe our divisions of it.<lb/>Wantonness however <add>or</add> love of sport (see spring of<lb/> | |||
Action Table) <del>have</del> <add>has</add> however been the motive in<lb/> | |||
those cases which have been most notorious:.<lb/> | |||
Take for example advertisements, written or<lb/> | |||
printed, public or private, <del>stating</del> sent separately<lb/> | |||
to a multitude of persons contain</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Imposition of Expence No. 1
No wonder it should have been sticking in your
gizards: neither by name, or by description, had I ever
found any thing about it in any law book. Crying
all the while has not the less been the demand for it,
frequent the known commission of it, infinite yr number
of the opportunities of committing it, infinite the
mischief capable of being done by it. By physical
means mischief is but too capable of being produced
without profit to the author: not less so, otherwise
than by physical means, like any other injury,
this is susceptible of the distinctions expressed
in Roman Law by Dolus and Culpa
expressions for them I do not at this moment recollect:
in case of Dolus, ill will is the most ordinary
motive as in the case of what in Blackstone's
language is called malicious mischief,
by which he means production of mischief to property by
means purely physical: destruction and endamagement
are I believe our divisions of it.
Wantonness however or love of sport (see spring of
Action Table) have has however been the motive in
those cases which have been most notorious:.
Take for example advertisements, written or
printed, public or private, stating sent separately
to a multitude of persons contain
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Identifier: | JB/010/036/001"JB/" can not be assigned to a declared number type with value 10. |
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001 |
imposition of expence no 1 |
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correspondence |
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recto |
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john herbert koe |
<…>co |
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a. levy |
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draft of letter 2425, vol. 9 |
3472 |
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